What is a search?

Before applying for Plant Breeder's Rights, you should conduct a search to see if your variety is new and distinctive.

Searches can be conducted using on-line databases for plant breeder's rights or by an IP Professional.

What's involved in applying for plant breeder's rights?

There are two parts to the application process for plant breeder's rights. Part 1 includes general information about your variety. You can complete either an online or paper application form. It will be processed by IP Australia and you will receive a letter acknowledging your application for plant breeder's rights.

Prior to an application being accepted, IP Australia will make an initial assessment as to whether the new variety will meet all the requirements under the Plant Breeder's Rights Act 1994. Once the application is accepted, it is provisionally protected until field trials can verify your claims.

What happens next?

Once your Part 1 application has been accepted, you can apply for Part 2 and start your growing trial.

The purpose of the Part 2 application is to present evidence of your variety for examination for distinctiveness (clearly different from any other variety), uniformity (relevant characteristics are present on propagation) and stability (relevant characteristics remain unchanged on repeated propagations).

What does IP Australia say about my new variety?

The claims made in Part 1 plus the results of the growing trial in Part 2 are examined. Previous information arising from a certified overseas test report may also be submitted. Relevant information, as well as the growing trial, is examined by IP Australia and the first report is issued within 12 months from acceptance of the Part 1 application.

What else is involved in maintaining protection of my variety?

A detailed description of the variety is then published in the Official Journal of Plant Breeder's Rights for 6 months and is open for 3rd parties to oppose your application. If an opposition is received, your application may take time to be resolved. Your application will be granted if no oppositions have been filed or once objections have been settled.

Once your plant breeder's right is granted and all fees are paid, it will be enforceable.

A renewal fee is due 1 year from grant of your application and must be paid annually for the duration of the IP right. You need to pay this fee for your plant breeder's right to remain enforceable.

More information

Search for a Plant Breeder's Right

Apply for a Plant Breeder's Right